DIPAK KUMAR SEN, J.

( 1 ) THE item in dispute in this suit is a drug known as 'amoxycilin Tri-hydrale' hereinafter referred to as the said drug. The plaintiff, a private limited company, has its registered office in Calcutta and carries on the business of manufacture and sale of medicines and pharmaceutical products. The plaintiff's case is that it decided to manufacture medicines from the said drug and on the 13th Feb. , 1976 applied to the Drugs Controller, Government of India for necessary permission. Pursuant to directions of the said authority the plaintiff arranged for clinical trial of the said drug in India in 1976. The trial was successful. The plaintiff thereafter invented the name 'amotid' for the medicine it intended to manufacture from the said drug and applied for registration of the name to the Trade Mark Authorities on the 23rd Dec. , 1978. This application is pending. Subsequent thereto, on the 4th Jan. , 1979 the Drug Controller, Government of India approved manufacture of medicines from the said drug in India and on the 11th Jan. , 1979 granted permission to the plaintiff to manufacture medicines from the said drug.

( 2 ) THEREAFTER, on the 25th Jan. , 1979, th

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